Citation Nr: 20009958
Decision Date: 02/06/20	Archive Date: 02/05/20

DOCKET NO. 17-29 269
DATE: February 6, 2020

ORDER

Entitlement to service connection for bilateral hearing loss is dismissed.

Entitlement to service connection for tinnitus is dismissed.

Entitlement to service connection for a right knee disorder is dismissed.

Entitlement to service connection for a mouth disorder is dismissed.

FINDING OF FACT

In December 2019 and February 2020, prior to the promulgation of a decision in the appeal, the Veteran and his representative indicated that he wanted to withdraw his appeal for the issues of entitlement to service connection for bilateral hearing loss, tinnitus, a right knee disorder, and a mouth disorder.  

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1996 to July 1997. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. 

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  

In a December 2019 written statement, the Veteran withdrew his appeal.  His representative also submitted a February 2020 written brief confirming that he wanted to withdraw the appeal and requesting that the appeal be dismissed.  Thus, there remain no allegations of errors of fact or law for appellate consideration with respect to these claims.  Accordingly, the Board does not have jurisdiction to review the appeal of these issues, and they are dismissed. 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D.S. Chilcote, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.